ACTIn ForceAct
Agents Act 2003
89AProposed contracts for sale of residential property
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89A Proposed contracts for sale of residential property
(1) An agent commits an offence if—
(a) the agent offers residential property for sale; and
(b) the required documents are not all available at the agent’s place
of business for inspection by a prospective buyer (or an agent
for a prospective buyer) at all reasonable times when an offer to
buy the property may be made to the agent.
(2) An assistant property agent commits an offence if—
(a) the assistant property agent is employed by an agent who is
acting for a seller of residential property; and
(b) the assistant property agent offers the residential property for
sale; and
(c) the required documents are not all available at the agent’s place
of business for inspection by a prospective buyer (or an agent
for a prospective buyer) at all reasonable times when an offer to
buy the property may be made to the assistant property agent.
(3) An agent or assistant property agent offers residential property for
sale if the agent or assistant property agent, expressly or by
implication—
(a) indicates that the property is for sale or is to be auctioned at any
future time; or
(b) offers to sell the property; or
(c) invites an offer to buy the property; or
(d) indicates that someone may be willing to grant an option to buy
the property.
Examples for par (a)
1 The agent or assistant property agent advertises or promotes the property in a
way that, in the circumstances, may reasonably be taken to indicate that the
property is or may be for sale.